Immigration Act, 2002 (Act No. 13 of 2002)Objectives and Structures of Immigration Control8. Review and appeal procedures |
| (1) | An immigration officer who refuses entry to any person or finds person to be an illegal foreigner shall inform that person on the prescribed form that he or she may in writing request the Minister to review that decision and— |
| (a) | if he or she arrived by means of a conveyance which is on the point of departing and is not to call at any other port of entry in the Republic, that request shall without delay be submitted to the Minister; or |
| (b) | in any other case than the one provided for in paragraph (a), that request shall be submitted to the Minister within three days after that decision. |
| (2) | A person who was refused entry or was found to be an illegal foreigner and who has requested a review of such a decision— |
| (a) | in a case contemplated in subsection (1)(a), and who has not received an answer to his or her request by the time the relevant conveyance departs, shall depart on that conveyance and shall await the outcome of the review outside the Republic; or |
| (b) | in a case contemplated in subsection (1)(b), shall not be removed from the Republic before the Minister has confirmed the relevant decision. |
| (3) | Any decision in terms of this Act, other than a decision contemplated in subsection (1), that materially and adversely affects the rights of any person, shall be communicated to that person in the prescribed manner and shall be accompanied by the reasons for that decision. |
| (4) | An applicant aggrieved by a decision contemplated in subsection (3) may, within 10 working days from receipt of the notification contemplated in subsection (3), make an application in the prescribed manner to the Director-General for the review or appeal of that decision. |
| (5) | The Director-General shall consider the application contemplated in subsection (4), whereafter he or she shall either confirm, reverse or modify that decision. |
| (6) | An applicant aggrieved by a decision of the Director-General contemplated in subsection (5) may, within 10 working days of receipt of that decision, make an application in the prescribed manner to the Minister for the review or appeal of that decision. |
| (7) | The Minister shall consider the application contemplated in subsection (6), whereafter he or she shall either confirm, reverse or modify that decision |